Rakesh Kumar Singh @ Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71305 of 2021 Arising Out of PS. Case No.-318 Year-2021 Thana- GORAUL District- Vaishali ====================================================== Rakesh Kumar Singh @ Rakesh Kumar Son Of Kedar Singh Resident Of Village - Hussaina Khurd P S - Goraul District- Vaishali ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Subhash Kumar For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-02-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 30(a), 32(2), 38(2), 41(1) of the Bihar Prohibition & Excise Act. There is recovery of 25.920 litres of Indian made foreign liquor from a motorcycle and one person was apprehended who disclosed his name as Manjay Kumar. He named the petitioner as a person who fled away from the place of seizure.

It is submitted by learned counsel for the petitioner that petitioner was not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner. The seized motorcycle does not belong to the petitioner. A

Patna High Court CR. MISC. No.71305 of 2021(2) dt.23-02-2022 2/2 statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Excise Court, Vaishali at Hajipur in connection with Goraul P.S. Case No. 318 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Shageer/- U T